USPTO Patents Application 09929876

REMARKS

In the Office Action, the Examiner rejected claims 1-31. By the present response,
claims 1, 3-10, 12, 15-17, 19-22, 24-29, and 31 have been amended, and claim 30 has been
canceled without prejudice. Accordingly, claims 1-29 and 31 remain pending. In light of the
foregoing amendments remarks, Applicants respectfully request reconsideration and
allowance of all pending claims.

Rejection Under S 102

In the Office Action, the Examiner rejected claims 1 and 12 under 35 U.S.C. § 102(b)
as being anticipated by the Seto et al. reference (U.S. Pat. No. 6,175,488). Applicants,
however, respectfully assert that the rejected claims, as amended, are patentable because they
recite features not disclosed by the Seto reference. In light of the following remarks,
reconsideration and allowance are respectfully requested.

Anticipation under Section 102 can be found only if a single reference shows exactly
what is claimed. Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 U.S.P.Q. 773 (Fed.
Cir. 1985). For a prior art reference to anticipate under Section 102, every element of the
claimed invention must be identically shown in a single reference. In re Bond, 910 F.2d 831,
15 U.S.P.Q.2d 1566 (Fed. Cir. 1990). To maintain a proper rejection under Section 102, a
single reference must teach each and every element or step of the rejected claim. Atlas
Powder v. E.I. du Pont, 750 F.2d 1569 (Fed. Cir. 1984). Thus, if the claims recite even one
element not found in the cited reference, the reference does not anticipate the claimed
invention.

Independent Claim 1 and the Claims Depending Therefrom

Amended independent claim 1 recites, inter alia, a component cover comprising "a
coupling mechanism to secure a. portion of the component cover detachably to the portable
computer housing; and z force-displaceable coupling mechanism to secure a remaining
portion of the component cover detachably to the portable computer housing, wherein the
force-displaceable coupling mechanism biases the coupling mechanism into engagement with
the housing."

First, the Seto reference fails to teach a force-displaceable coupling mechanism, as set
forth in the instant claim. Instead, Seto et al. teach coupling members 65a and 65b and
latches 63a and 63b. See Seto et al. column 8, lines 30-37. However, the coupling members
65a and 65b function as hinges having a fixed rotational axis, thereby precluding any sort of
force-displaceable coupling functionality. Moreover, the Seto reference explicitly teaches
that the "latches 63a and 63b are detachably hooked on the front end portion of the peripheral
walls 5a of lower housing 5." See Seto et al., column 8, lines 32-34. Applicants emphasize
that the hooked functionality of the latches 63a and 63b does not necessarily equate to or
suggest a force-displaceable coupling mechanism, as set forth in the instant claim.

Second, the Seto reference is absolutely devoid of any force displaceable coupling
mechanism functioning to bias another coupling mechanism into engagement with the
housing, as set forth in the instant claim. In sharp contrast, the Seto reference discloses a
front cover 21 coupled to a housing 4 via coupling members 65a and 65b and latches 63a and
63b. See Seto et al. column 8, lines 30-37. However, neither the coupling members 65a and
65b nor the latches 63 a and 63b provide any sort of biasing against one another or any other
coupling mechanism, as set forth in the instant claim.

10

Third, the Seto reference discloses a top cover that is hingeably connected to the
housing 4 by the coupling members 65a and 65b, which prevent detachment of the front
cover 21 from the housing 4 as recited in the instant claim. See Seto et al., column 9, lines
16-23; see also Seto et al., Fig. 6. Seto et al. state that "[fjhe front cover 21 is thus coupled to
the housing 4 by means of the coupling members 65a and 65b. . .[i]f the front cover 21 is
raised and turned to lie over the keyboard 24, the coupling members 65a and 65b are bent in
U-shape." Id. (Emphasis added). The coupling members 65a and 65b act as a hinge.
Accordingly, the front panel 21 is merely displaced With respect to the opening portion 35,
but is never detached from the housing. By way of analogy, an open door is not detached
from its frame, rather the door is merely repositioned from one fixedly coupled position to
another. Accordingly, Applicants emphasize that the front cover 21 of Seto et al. is neither
explicitly nor suggestively detachable from the housing in the manner set forth in the instant

claim.

Because the Seto reference does not disclose all of the features recited by independent
claim 1, Applicants respectfully assert that this claim and its respective dependent claims 2-
1 1 are patentable over the Seto reference. Reconsideration and allowance of these claims are
respectfully requested.

Independ ent Claim 12 and the Claims Depending Therefrom

Amended independent claim 12 recites, inter alia, a component cover comprising a
"force-actuated coupling mechanism and at least one coupling mechanism cooperative with
the force-actuated coupling mechanism to mount the component cover detachably to the
device housing."

11

First, the Seto reference fails to teach a force-actuated coupling mechanism, as set
forth in the instant claim. Instead, Seto et al. teach coupling members 65a and 65b and
latches 63a and 63b. See Seto et al. column 8, lines 30-37. However, the coupling members
65a and 65b function as hinges having a fixed rotational axis, thereby precluding any sort of
force- actuated coupling functionality. Moreover, the Seto reference explicitly teaches that
the "latches 63a and 63b are detachably hooked on the front end portion of the peripheral
walls 5a of lower housing 5." See Seto et al., column 8, lines 32-34. Applicants emphasize
that the hooked functionality of the latches 63a and 63b does not necessarily equate to or
suggest a force- actuated coupling mechanism, as set forth in the instant claim.

Second, the Seto reference is absolutely devoid of at least one coupling mechanism
cooperative with the force-actuated coupling mechanism to mount the component cover
detachably to the device housing, as set forth in the instant claim. In sharp contrast, the Seto
reference discloses a front cover 21 coupled undetachably to a housing 4 via coupling
members 65a and 65b and latches 63a and 63b. See Seto et al. column 8, lines 30-37. As
discussed above, the coupling members 65a and 65b may be rotatable and the latches 63a and
63b may be detachably hooked, but the coupling members are not cooperative with the
latches to mount the front cover 21 detachably to the housing 4, as set forth in the instant
claim. In both open and closed positions of the front cover 2 1 , the coupling members 65a
and 65b are undetached from the housing 4.

Thus, the Seto reference does not disclose all of the features recited by the instant
claim. Accordingly, independent claim 12 and its respective dependent claims 13-21 are

12

patentable over the cited reference. Reconsideration and allowance of these claims are
respectfully requested.

First Rejection Under 35 U.S.C. S 103

In the Office Action, the Examiner, in the first obviousness rejection, rejected claims
2-4, 8, 1 1, 13-15, 19, 22-25 and 28-30 under 35 U.S.C. § 103(a) as being unpatentable over
Seto et al. in view of itself. Secondly, the Examiner, in the second obviousness rejection,
rejected claims 5-7, 9-10, 16-18, 20-21, 26, 27 and 31 under the same section as being
unpatentable over the Seto reference in view of Official Notice. Applicants respectfully
assert that because the instant claims recite features not found in the Seto reference, the
instant claims are patentable.

Prior to addressing the substance of the Examiner obviousness rejections, Applicants
address the Examiner's assertion of what is obvious and well-known to those of ordinary skill
in the art. To the extent that the Examiner's obviousness rejections can be interpreted as a
taking of Official Notice, Applicants hereby seasonably traverse the Examiner's use thereof,
in accordance with section 2144.03 of the M.P.E.P.

Returning to the substance of the Examiner's rejections, the burden of establishing a
prima facie case of obviousness falls on the Examiner. Ex parte Wolters andKuypers, 214
U.S.P.Q. 735 (PTO Bd. App. 1979). If the Examiner combines the teachings of the prior art to
produce the claimed invention, a prima facie case of obviousness cannot be established absent
some teaching or suggestion supporting the combination. ACS Hospital Systems, Inc. v.
Montefiore Hospital, 732 F.2d 1572, 1577, 221 U.S.P.Q. 929, 933 (Fed. Cir. 1984).
Accordingly, to establish a prima facie case, the Examiner must not only show that the

13

combination includes all of the claimed elements, but also a convincing line of reason as to why
one of ordinary skill in the art would have found the claimed invention to have been obvious in
light of the teachings of the references. Ex parte Clapp, 227 U.S.P.Q. 972 (B.P.A.I. 1985).
Applicants address the rejected claims, in turn, below.

Dependent Claims 2-11

Dependent claims 2-1 1 each depend from independent claim 1. As discussed above,
the Seto reference does not disclose all of the features recited by amended independent claim
1. As discussed above, the first embodiment disclosed by the Seto reference (i.e. Figures 1-7
and their supporting text) fails to teach aforce-displaceable coupling mechanism, much less a
force displaceable coupling mechanism functioning to bias another coupling mechanism into
engagement with the housing, as set forth in independent claim 1 . Neither the coupling
members 65a and 65b nor the latches 63a and 63b provide any sort of biasing against one
another or any other coupling mechanism, as set forth in claim 1 . As discussed above, the
first embodiment disclosed by the Seto reference also fails to disclose a front cover 21 that is
detachable from a housing 4. Accordingly, the first embodiment of Seto et al. does not
disclose all of the features recited by the instant claims. Applicants also emphasize that the
second embodiment of the Seto reference (i.e. Fig 8) fails to disclose all of the features
recited by the instant claims for the same reasons provided above with reference to the first
embodiment.

The discussion of the second embodiment disclosed by the Seto reference begins at
column 10, line 27 and carries over to column 1 1, line 23. With respect to this embodiment,
the Seto reference states "[according to this structure, too, the front cover 21 is coupled to
the housing body 20 by means of coupling members 65a and 65b of rubber-like elastic

14

material." See Seto el al., column 1 1, lines 16-20. As discussed above, there is no reason to
believe that these coupling members 65a and 65b in any way facilitate a force-displaceable
coupling functionality, much less one functioning to bias another coupling mechanism into
engagement with the housing 4, as set forth in independent claim 1. Additionally, these
bendable members suggest an assembly that is hingeably coupled, and, as such, the front
cover 21 of Seto et al. always remains coupled to the housing 4. Accordingly, the front cover
21 in the second embodiment (Fig. 8) of Seto et al. is not detachable as set forth in the instant
claim.

Accordingly, Applicants respectfully assert that the instant claims are patentable over
the Seto reference. Reconsideration and allowance of these claims are respectfully requested.

Dependent Claims 13-21

Dependent claims 13-21 each depend from amended claim 12. As stated above,
amended claim 12 recites, inter alia, "force-actuated coupling mechanism and at least one
coupling mechanism cooperative with the force-actuated coupling mechanism to mount the
component cover detachably to the device housing." Again, as discussed above, neither of
the disclosed embodiments in the Seto reference discloses a front cover 21 having a force-
actuated coupling mechanism, much less one cooperative with a coupling mechanism to
mount the front cover 21 detachably to the housing 4, as set forth in independent claim 12.
Rather, the Seto reference suggests a front cover 21 that is hingeably secured to its housing 4,
such that the front cover 21 remains continuously attached to the housing 4. Accordingly,
claims 13-21 are patentable over the Seto reference. Reconsideration and allowance of these
claims is respectfully requested.

15

Independent Claim 22 and the Claims Depending Therefrom

Independent claim 22 recites, inter alia, "providing a detachable quick-release cover
for the portable computer housing to cover the opening." As discussed above, the Seto
reference does not disclose a detachable cover, but rather the coupling members 65a and 65b
prevent detachment of the front cover 21 from the housing 4. Accordingly, the Seto
reference does not disclose all of the recited features of the instant claim, and, as such
independent claim 22 and its respective dependent claims 23-26 and 28 are patentable over
the Seto reference. Reconsideration and allowance of these claims are respectfully requested.

Independent Claim 29 and the Claims Depending Therefrom

Independent claim 29 recites, inter alia, "[a] means for tool-lessly and detachably
covering the means for top deck accessing." As discussed above, the Seto reference does not
disclose any means for detachably coupling a cover, but rather the coupling members 65a and
65b prevent detachment of the front cover 21 from the housing 4. Accordingly, the Seto
reference does not disclose all of the recited features of the instant claim, and, as such
independent claim 29 and its respective dependent claim 3 1 are patentable over the Seto
reference. Reconsideration and allowance of these claims are respectfully requested.

16

Conclusion

of the remarks and amendments set forth above, Applicants respectfully

request allowance of the pending claims. If the Examiner believes that a telephonic interview
will help speed this application toward issuance, the Examiner is invited to contact the
undersigned at the telephone number listed below.

CORRESPONDENCE ADDRESS
HEWLETT-PACKARD COMPANY

Intellectual Property Administration
P.O. Box 272400

Fort Collins, Colorado 80527-2400

Respectfully submitted,

Date: August 28, 2003

Reg. No. 48,226
(281) 970-4545

17